Phoenix Workers Compensation Lawyers – Claim Your Benefits
An accident at work is pretty common. Work-related accidents can involve a mild to a serious back injury, broken bones, carpal tunnel syndrome due to years of typing, or more serious injuries that are the result of malfunctioning equipment or dangerous work conditions. A Phoenix workers’ compensation lawyer can help employees who have been injured on the job recover compensation for medical bills and lost wages.
Workers’ Comp Benefits in Phoenix
Worker’s compensation laws permit an employee who is hurt on the job to receive a variety of benefits, depending on the injury.
This can include benefits for:
- Vocational rehabilitation
- Wage reimbursement
- Temporary disability
- Permanent partial disability
Workers’ Compensation Laws in Phoenix
The laws surrounding worker’s compensation are governed by federal statutes and state legislation, both of which will provide fixed awards to an employee or their dependents, in the event of employment-related diseases or accidents.
These awards will enable an injured employee to receive compensation automatically, so no legal action needs to be taken against an employer. State acts tend to differ in terms of the duration and amount of benefits and depend on the type of workers covered, in addition to other details.
In Phoenix, an employer must secure workers’ compensation insurance for their employees. Workers’ compensation is a type of no-fault system. This means an injured employee is entitled to receive benefits for an injury, regardless of who or what caused the job-related accident.
The Duties of Phoenix Workers’ Compensation Lawyers
The goal of a workers’ compensation attorney is to help the claimant obtain benefits.
The attorney will:
- Litigate cases before a judge
- Draft legal documents such as briefs, motions, findings of facts, and pleadings
- Perform legal research
- Conduct discovery
- Take depositions of medical experts, physicians, the claimant, and other parties
Why Do Workers’ Comp Claims Fail?
Often, an injured employee will find they need a workers’ compensation lawyer when their claim fails. The biggest reason a claim fails is due to a lack of medical evidence. A workers’ compensation lawyer can prevent this from happening by ensuring their client has all the medical documentation needed, in addition to other important documentation, expert testimony, and witness testimony.
How an Attorney Can Help You Get Your Benefits
- An experienced lawyer will answer a client’s questions and help guide them through the complicated legal process.
- They will also contact medical providers and complete any paperwork that’s related to the claim.
- An attorney will work tirelessly to represent the interests of their client during oral arguments, depositions, and at trials, hearings, arbitrations, mediations, and other types of proceedings.
- They will also assist their client with benefits and ensure they receive proper medical care.
- They may also handle any communication with the workers’ supervisor regarding their client’s status.
Do I Need a Workers’ Compensation Lawyer?
Not every injured employee will need to hire a lawyer. The workers’ compensation system is designed to be easy for an injured worker to navigate. If the injured worker’s claim is pretty straightforward and it’s not being disputed by the employer or its insurance company, then the injured worker can probably handle the claim on their own. Unfortunately, the process isn’t always smooth. Many injured workers can benefit from hiring a workers’ compensation attorney.
Hiring an attorney will be critical in cases in which an injured employee makes a claim outside of workers’ compensation.
When to Seek Legal Guidance
Any time an employee is in a dispute with the insurance company, they should consider hiring an attorney to represent them. They will need to gather evidence to challenge the insurance company’s position. This can include requesting an independent medical exam, taking depositions, and hiring expert witnesses. All of these important tasks will require legal skill and knowledge.
What to Do When Your Claim is Denied
An insurance company can deny a workers’ comp claim for many reasons. The insurance company may claim that the injury is not work-related or that the employee filed the claim too late. While the employee can appeal the denial through the worker’s comp system, this will not guarantee that their claim will not be denied for a second time. The appeals process can also be very complicated and often requires the injured party to gather evidence and present their case at a hearing.
Permanent Disability Rating
The bulk of workers’ compensation awards and settlements are for permanent disability benefits. These benefits are calculated based on the claimant’s permanent disability rating. If the insurance company does not agree with the rating that has been assigned by the claimant’s physician, they may require the claimant to attend an independent medical examination. The independent medical examination physician will most likely assign the claimant a much lower rating, which the insurance company will then use to justify paying the injured employee less in benefits. An attorney can be crucial when it comes to getting a claimant a fair settlement or convincing the judge that their client is entitled to a higher disability rating.
Contact the Ferguson Law Group
If you’ve been seriously injured on the job, contact a phoenix workers compensation lawyer at the Ferguson Law Group. You’re more likely to get a significantly higher settlement offer when a workers’ comp lawyer is involved. A workers’ compensation lawyer at the Ferguson Law Group knows how to negotiate and can use a variety of resources to build your case. We have decades of experience negotiating with insurance companies and know the ins and outs of workers’ compensation law in Phoenix. If your workers’ compensation claim has been denied or an insurance company is giving you the runaround, contact our office today to schedule a consultation and get the legal guidance you need to win a higher settlement.
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